RACINE - After hearing numerous complaints about video poker machines around the city, Alderman Jim Spangenberg wants to do something about them.

Spangenberg is concerned about video poker machines illegally cropping up in convenience stores, he said.

Video poker machines are legal only in Wisconsin casinos but, under a state law changed in 2003, it is not a criminal offense for establishments with Class B liquor licenses to have five video poker machines or fewer, officials said. If they break the law, it is only a misdemeanor. Class B establishments are places where alcohol is both sold and consumed, such as restaurants or taverns.

It is a criminal offense to have video poker machines at locations that do not have a Class B liquor license, such as gas stations and convenience stores.

The problem comes in

enforcing the law, aldermen said at their Monday Public Safety and Licensing Committee meeting at City Hall, 730 Washington Ave.

The Wisconsin Department of Revenue has sole jurisdiction over Class B establishments' poker machines and it only has eight agents investigating alcohol and tobacco establishments, said department spokeswoman Jessica Iverson.

Local enforcement agencies have jurisdiction over other establishments with poker machines, such as convenience stores, said City Attorney Rob Weber. And it is up to the district attorney to prosecute any cases he receives.

Since the law changed in 2003, District Attorney Michael Nieskes said he has not received any cases about video poker machines.

If a gambling case was brought to him, Nieskes said he would prioritize other matters first, such as domestic abuse or weapons violations, but he would also prosecute gambling cases.

"We enforce what is brought to us," Nieskes said.

But enforcing the law for video poker machines would be challenging.

"The challenge in enforcing it is you have to demonstrate how a machine is being used as a gambling machine," Nieskes said. "You can't tell looking from the outside if it's a gambling device or if it's used for amusement." That may require law enforcement officials to obtain search warrants, he said.

Spangenberg realizes the issue is complicated, but wants the state to figure it out.

"The state has to get a little more control over this one way or another," Spangenberg said. "Either we are going to allow gambling or we are not going to allow gambling on these machines."

At least some of the machines used around town are for amusement only and therefore not gambling devices, according to employees at the

establishments.

But the definition of a "gambling machine" is a sort of gray area, said Dan Ritsche, an analyst for the Wisconsin Legislative Reference Bureau. Even if the machines do not pay out any money, Ritsche said they could be used for gambling.

Alderman Aron Wisneski is one of the aldermen who appeared frustrated with the law at Monday's meeting. If the city cannot enforce where the machines are, he suggested taxing the money the machines bring in.

"If we can't enforce getting them out of the city, we might as well benefit from them," Wisneski said. However, Weber said the city cannot tax the money the machines make because, according to case law, municipalities cannot use licensing to raise money.

The Public Safety and Licensing Committee discussed the video slot machines in depth Monday night, but members decided to postpone their decision for another two weeks to give the aldermen a chance to collect their thoughts on what action they should take.

The next Public Safety and Licensing meeting will be held Sept. 22 at 5 p.m.